Hrm 531 Unit 6 Essay

Chapter 6 Study Guide
1. What are an employee group’s 4 options for pursuing change in the workplace?
a. Look for work elsewhere
b. Endure the existing policy
c. Be disruptive and possibly cause the employer to reconsider (while running the risk of being disciplined for their disruptive activities)
d. Try to form a labor union
2. What are the 3 ways a union can be formed?
a. Employees could strike and then round up support
b. Union supporters could get workers to sign cards of a petition and present the results to management along with a threat to strike if management ignores their request
c. Employees could have a secret ballot election in which the union and employer must abide by the decision majority
3. Who are the 3 possible
initiators of an organizing drive?
a. One or more employees
b. A union
c. An employer
4. Understand the steps in the organizing process (Figure 6.1), including:
a.
Authorization cards- a preprinted form that employees fill out and sign that authorize the union to represent them. Cards show support and demonstrate interests in unionization to union organizers, the employer, and the NLRB
b. 4 ways to receive recognition:
i. Voluntary recognition- with more than 50% of authorization cards the employer agrees to recognize the union voluntarily ii. Recognition strike- a strike to compel the employer to recognize the union iii. Certification election- used in a nonunion location to ascertain if a majority of employees want to become unionized by the NLRB iv. Gissel bargaining order- instead of trying to restore laboratory conditions and conducting a new election, the NLRB requires the employer to recognize and bargain with the union even though the usual election results are lacking
c. 4 issues NLRB considers before scheduling election, includes determining appropriate bargaining unit, Supervisor Controversy, Kentucky River Cases
i. NLRB will not allow more than 1 election in a 12 month period ii. Elections will not be authorized with 12 months of any union certification iii. A decertification election cannot be held when there is a valid collective bargaining agreement in place (up to a limit of 3
years) iv. Defining the occupations and geographical locations included in a certification election- appropriate bargaining unit
5. Understand the 4 factors that affect employee voting behavior
a. Job dissatisfaction
b. Perceived union instrumentality
c. General beliefs about unions
d. Workplace social pressure/identity
6. Be familiar with employer campaign tactics used to influence the 4 factors that affect voting behavior:
a. Providing pro-company and antiunion information, such as through a captive audience meeting or antiunion committee
i. Captive audience meeting- a group meeting usually held in the workplace during working hours in which employees are forced to listen to managements antiunion and procompany presentation- these are legal as long as they are not within 24 hours of the election
b. Private property rights
i. no solicitation, prohibit outside organizations from entering the workplace and interacting with workers, restrict union discussions to nonwork hours- cant email labor activities
c. Union avoidance consultants- can help make managers take advantage of tactics such as captive audience meetings and train supervisors in union avoidance methods
7. Be familiar with union campaign tactics used to influence the 4 factors that affect voting behavior:
a. Salting- paid union organizers try to get hired as regular employees and “salt” the workplace for the purpose of organizing workers
b. Excelsior List- a list of names and addresses of the employees eligible to vote in the election that is giving the union by the employer. Must be provided within 7 days of the NLRB scheduling an election
c. Worker activism- distribution of flyers and letters, house calls and small group meetings, to get workers actively involved in the campaign
8. Understand the legal parameters surrounding campaigning:
a. Employee Free Choice-
b. Laboratory Conditions Doctrine- (general shoe doctrine), NLRB must provide the laboratory for the experiment to be conducted, under conditions as nearly ideal as possible, to determine the uninhibited desires of the employees. Applies to union and employer actions. If a union threats or harassment distort employee free choice, the election results can be invalid and a new election held
c. Private property rights- can be used to enforce no solicitation rules
d. Solicitation rules- ban unions from workplace and surrounding private property
9. What are the 4 amendments to the NLRA that are proposed by the Employee Free Choice Act?
a. Provides for card check recognition
b. If labor and management are unable to reach agreement on the first contract after a new union is certified, an arbitration panel would impose a 2 year contract upon the parties
c. Penalties for violating the NLRA during an organizing drive or first contract campaign would be strengthened by providing for treble damages
d. The NLRB would be required to seek injunctive relief in the courts when employers commit 8(a)(1) and (3) unfair labor practices during organizing drives and first contract campaigns